Case Note & Summary
The petitioners, two educational trusts and their respective schools, challenged an order dated 4 September 2025 passed by the Under-Secretary, Tribal Development Department, Government of Maharashtra. The impugned order withdrew the recognition and affiliation granted to the petitioners' schools for admitting tribal students under Government Resolution dated 28 August 2009, and directed the transfer and absorption of tribal students from the petitioners' institutions into other schools. The petitioners contended that the order was passed without any prior notice or opportunity of hearing, in gross violation of principles of natural justice. The court, after hearing both sides, noted that the impugned order did not record any reasons for withdrawal and was passed without any show cause notice to the petitioners. The court held that such an order cannot be sustained as it violates the fundamental principles of natural justice. Consequently, the court quashed and set aside the impugned order and directed the respondents to restore the recognition and affiliation of the petitioners' schools as it existed prior to the impugned order. The court also directed that the tribal students who were transferred pursuant to the impugned order be allowed to continue in the petitioners' schools if they so desire. The petitions were allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Withdrawal of Recognition - Government Resolution dated 28 August 2009 - The impugned order withdrawing recognition and affiliation of schools for tribal students was set aside as it was passed without affording any opportunity of hearing to the petitioners, violating principles of natural justice. The court held that such an order cannot be sustained without compliance with audi alteram partem rule. (Paras 1-10) B) Education Law - Recognition of Schools - Tribal Students - Government Resolution dated 28 August 2009 - The petitioners' schools had been granted recognition and affiliation under the said GR for admitting tribal students. The impugned order directed withdrawal of such recognition and transfer of students. The court found that the order was passed without any show cause notice or hearing, and thus quashed it. (Paras 3-10)
Issue of Consideration
Whether the impugned order dated 4 September 2025 withdrawing recognition and affiliation granted to the petitioners' schools for admitting tribal students under Government Resolution dated 28 August 2009 is legally sustainable and whether it was passed in violation of principles of natural justice.
Final Decision
The impugned order dated 4 September 2025 is quashed and set aside. The respondents are directed to restore the recognition and affiliation of the petitioners' schools as it existed prior to the impugned order. The tribal students who were transferred pursuant to the impugned order shall be allowed to continue in the petitioners' schools if they so desire. The petitions are allowed. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- withdrawal of recognition
- tribal students
- Government Resolution dated 28 August 2009
- Maharashtra Educational Institutions (Regulation of Fee) Act
- 2011
